STATE OF HARYANA Vs. RAM CHANDER

JUDGEMENT

(1.) THE State of Haryana is in appeal under Clause X of the Letters Patent against judgment dated 3.11.2004, passed by the learned Single Judge in C.W.P. No. 1827 of 1986. The learned Single Judge has allowed the writ petition by setting aside order dated 12.9.1984 passed by the Commissioner, Hisar Division (P-3) and order dated 5.3.1986, passed by the Financial Commissioner, Haryana (P-4). As a consequence of quashing of the aforesaid orders, learned Single Judge has upheld the orders dated 23.11.1979 (P-1) and 17.11.1981 (P-2) passed by the Prescribed Authority-cum-Sub Divisional Officer (Civil), Jind and the Collector, Jind respectively.

(2.) BRIEF facts of the case are that vide order dated 19.6.1963, the Special Collector (Agrarian) Punjab, declared the area measuring 311 Kanals 19 Marlas as surplus in the hands of Rulia-predecessor in interest of the present respondents (who are sons and grand sons of the land owner). It is pertinent to mention that one Dharam Singh, had filed separate petition under Section 12 of the Haryana Ceiling of Land Holdings Act, 1972 (for brevity, 'the Ceiling Act') for exemption of the said land from surplus pool as they have claimed to have purchased/pre-empted the land before 30.7.1958 and have also claimed to be in possession ever since. The Prescribed Authority-cum-Sub Divisional Officer (Civil) Jind, examined the record and granted exemption to the petitioner-respondents vide order dated 23.11.1979. On an appeal filed by the allottees, the order of the Prescribed Authority was upheld by the Collector on 17.11.1981 (P-2) on the ground that the appeal was barred by limitation. They further filed a revision petition under Section 18(4) of the Ceiling Act and their contention was accepted and the order of the Collector was set aside by observing as under :-

(3.) THE short issue raised in the instant appeal is whether the transaction which has taken place before specified date i.e. 30.7.1958 would be hit by the provisions of the Pepsu Tenancy and Agricultural Lands, Act, 1955 (for brevity, 'the Pepsu Act').